Short answer. A court must consider mitigating and aggravating circumstances, and most particularly the wealth or means of the offender. Article 66 of the Revised Penal Code gives courts latitude to fix any amount within the statutory range, but directs that the culprit's financial capacity receive special weight.
What the law says
in fixing the amount in each case attention shall be given, not only to the mitigating and aggravating circumstances, but more particularly to the wealth or means of the culprit
Revised Penal Code, Article 66 — How Courts Fix Fines. Read the full provision →
The court's discretion in imposing fines
Article 66 of the Revised Penal Code grants courts wide latitude in fixing fines: they "may fix any amount within the limits established by law." The statutory range sets the floor and ceiling, but within that range the court is not bound to any fixed formula. The discretion is not unlimited, however — the provision immediately directs how it must be exercised. The court must give attention, first, to mitigating and aggravating circumstances, and second, and more particularly, to "the wealth or means of the culprit."
Why wealth receives special emphasis
The statute uses the phrase "more particularly" to signal that financial capacity is not just one factor among many — it is the factor that receives priority attention. This reflects a basic principle of proportionality: a fine that is trivial to a wealthy offender is not a real penalty, while the same amount may be crushing for a person of modest means. Article 66 directs the court to calibrate the fine so it functions as genuine punishment regardless of who the offender is. The court is expected to inquire into the accused's actual financial situation, not just apply a default or median figure.
Mitigating and aggravating circumstances
Article 66 also directs the court to consider mitigating and aggravating circumstances when fixing the fine. These are the same circumstances that influence the degree of other penalties under the Revised Penal Code — factors such as voluntary surrender, provocation, recidivism, or the use of superior strength. In the context of fines, these circumstances inform whether the amount should lean toward the lower or upper end of the statutory range. They work together with the wealth inquiry: a wealthier offender with aggravating circumstances would face a higher fine than a poor offender who mitigated their culpability.
Practical meaning for accused and their families
If you or a family member faces a criminal charge where a fine is a possible or mandatory penalty, Article 66 means the court is legally required to look at financial circumstances before fixing the amount. Evidence of modest income, dependents, debts, or limited assets is legally relevant to the fine amount. It is not irrelevant pleading — it is something the statute itself requires the court to weigh. Bringing clear financial information before the court, properly and within the rules of procedure, is consistent with what Article 66 actually requires.